There is a way around that, but the seller has to take possession and then agree to deliver it to that new seller. It is essentially a futures contract. A derivative would be to buy an option to purchase (for an amount of the sellers down payment to get them out of their commitment) for the amount of the Elio less the option amount or some portion of it. You could even get around taking possession by simply authorizing the optionor to take delivery for the owner/optionee. That's all beyond the control of Elio and would not affect the position in line. Elio not involved in the secondary transaction. To them, the original owner's agent is simply taking possession under their original contract. The new owner's separate option responsibilities are irrelevant. Elio has indicate they would not be a party to such an agreement to assign the contract without bumping the number down, but they are out of it with an option which is a separate contract to which they are not a party.
However, this is beginning to sound like legal advice, so be sure to check with a real attorney and don't take my word for it. I've spent extensive time working on contracts, but I am NOT an attorney.
FYI Encroachment agreements, Gas Purchase and Sales agreements, Modifications and Terminations under Order 500, Right of Way Purchase Agreements, Cell Site Acquisition agreements. Fiber Optic Site acquisition, etc.
However, this is beginning to sound like legal advice, so be sure to check with a real attorney and don't take my word for it. I've spent extensive time working on contracts, but I am NOT an attorney.
FYI Encroachment agreements, Gas Purchase and Sales agreements, Modifications and Terminations under Order 500, Right of Way Purchase Agreements, Cell Site Acquisition agreements. Fiber Optic Site acquisition, etc.